What can I do to override existing power of attorney and healthcare power of attorney?

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If there is misuse of funds & gross decisions with regard to healthcare decisions. This person is a cousin & has both poa and healthcare poa over my parents. There has been misuse of funds which have put parents in financial hardship and medical neglect.

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Contact the lawyer that drew up the POA's in the beginning. They may be of some help. If not notify your local Senior Services Department.
Or you may have to contact a lawyer on your own.
Do this sooner rather than later and keep any proof you have of the misuse of funds and improper decisions.
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queensizediva: I used to know some elders in Statesboro, but they've since moved to Metter. As others have suggested, yes, take her to her attorney and if she does not have one, retain one NOW. Don't let all of the elders' funds dwindle away, not to mention (and just as important) their health!
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If your mother is not competent she may not be able to go into the lawyers office and simply change the paperwork. This may require a court case and showing the judge that the POA has been abusing his/her authority.
At that point a Guardianship may be necessary. (personal opinions, a pain it the butt and expensive route to take but that may be what is necessary)
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Take your mother into her lawyer and have her sign to disallow the previous POAs. Then draw up another and have a reliable person assigned (financial and health). Appoint an executor also. If the POA has their name on her checking account then delete that checking account and create another (lots of work if ssa and pension is automatic). Give the new papers to the bank and anyone else involved including annuities, CDs and savings accounts. Don't tell anyone about it until you are finished making the new accounts. Then apologize to keep the peace.
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Major Texas city.
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There is adult protective services for your county or state, and more specifically, if you can afford to hire an elder law attorney, that would be best. You want an attorney who is board certified in elder law. There are several in each manor Texas city.
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Yes, se the lawyer who did the POAs. You may be able to sue which u might have to do. This could effect Medicaid down the line.
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Contact the lawyer that drew up the original papers.
You may have to prepare for a legal battle.
And has been suggested Dept. on Aging.
Or if you have a Senior Services in your town they may be able to help.
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Queen - situations like this where the elders children are NOT selected to be their parents DPOA & MPOA but a trusted niece /nephew /neighbor are named DPOA MPOA can be very very contentious. What is likely to happen if APS gets involved and they determine there are areas of concern is that the elders will be named as wards of the state (this can be done as a emergency action too if APS gets involved) and a court appointed temporary guardian will be named and they will take over. The guardian will more than likely not be you (as your folks did not selected you initially as their dpoa) nor other family but instead a professional vetted by the state court appointed guardian. They could be an atty. or come from a list of trained guardians established by your state / county. All decisions regarding your parents living situation, health care, finances, etc will be totally under the purview of the guardian. Guardian can consult with family on decisions but DOES NOT HAVE TO. It will likely be viewed as that your parents didn't choose you initially to be thier DPOA, that you should not be involved ever.

Just because you are their daughter does not mean you are going to magically take over and take the old DPOA to task. If your parents have been in a situation of gross neglect for a prolonged period of time and you did nothing, you can be viewed as complicit in the situation and so unfit to ever be named guardian.

If family digress into "she said / he said" bickering, the judge will more than likely totally move past ever naming family and permanently appoint an outside guardian. Again, guardian can consult with family, but does NOT have to.

Also if there is anything amiss in your background -like less than stellar credit report, any prior legal issues, anyone in your household having felonies, you & your spouse do not have jobs with stable income, etc - you can probably forget ever getting appointed guardian. Running a credit & priors history on potential guardians seems to be pretty routine by the courts. Often family - even well intentioned & loving family - will be bypassed for guardian over a court appointed one as the courts have to think of what is the long term best situation for the ward as well as for the required reporting to the court.
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